Evidentiary Problems with Threat of Injury Findings in Canadian Trade Remedy Cases - OBA

Written By Jesse Goldman

The recent proliferation of affirmative threat of injury findings by the Canadian International Trade Tribunal (CITT) indicates problems with the CITT's approach to its threat of injury analyses. The CITT is arguably applying a lax evidentiary standard that does not meet the legal requirements prescribed by Canadian legislation and respective WTO agreements covering Canada's obligations regarding trade remedy measures (Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and Agreement on Subsidizing and Countervailing Measures, collectively WTO Agreements). Click to read full article: Evidentiary Problems with Threat of Injury Findings in Canadian Trade Remedy Cases.